Missouri Senate

Perfected

MAXIMUM MEDICAL IMPROVEMENT

Under this act, for the purposes of workers' compensation laws, the term "maximum medical improvement" is defined as the point at which the injured employee's medical condition has stabilized and can no longer reasonably improve, as determined by the employer's physician within a reasonable degree of medical certainty.

Furthermore, in the case of temporary total and temporary partial disability benefits, such benefits shall only continue until the employee reaches maximum medical improvement unless such benefits are terminated by the employee's return to work or are otherwise terminated under law. The act further stipulates that, in the case of temporary total disability, an employer shall only be required to pay compensation until the employee reaches maximum medical improvement unless such benefits are terminated by the employee's return to work or are otherwise terminated under law, but in no event more than 400 weeks. In the case of an injured employee who has reached maximum medical improvement but is unable to return to work, temporary total disability benefits shall continue for up to but not more than 400 weeks.

The act modifies provisions relating to compromise settlements under workers' compensation laws. For all compromise settlements offered after a claimant has reached maximum medical improvement, such claimants have 12 months after receiving an initial permanent disability rating from the employer's physician to acquire a rating from a second physician of his or her own choosing. Absent extenuating circumstances, if after 12 months the claimant has not acquired a second rating then any compromise settlement entered into shall be based upon the initial rating. Employers may waive these provisions with or without stating a reason.

These provisions are substantially similar to SB 1027 (2016).

LINE OF DUTY COMPENSATION

Under current law, survivors of a deceased law enforcement officer, emergency medical technician, air ambulance pilot, air ambulance registered professional nurse, or firefighter who is killed in the line of duty are eligible to receive $25,000 in compensation. Under this act, such compensation shall be awarded as follows:

• If there are no children, the surviving spouse shall be awarded compensation;

• If there is at least one eligible child and a surviving spouse, the child shall receive 50% and the surviving spouse shall receive 50%, provided that if there are multiple children, the children shall receive equal shares of 50% of the compensation;

• If there is no surviving spouse, any eligible surviving children shall receive equal shares of the compensation;

• If there is no surviving spouse or qualified surviving child, compensation shall be awarded to the individual who has been designated by the deceased in the most recent designation of beneficiary that is on file with the public safety organization; provided that if there is no such designation, compensation shall be awarded to the individual designated as beneficiary under the most recently executed life insurance policy of the deceased;

• If there is no beneficiary of a life insurance policy of the deceased, compensation shall be awarded to the surviving parent or parents, in equal shares;

• If there are no surviving parents of the deceased, compensation shall be awarded to the children of the deceased who are over 18 years of age, in equal shares.

The term "child" is defined in the act to include any natural, illegitimate, adopted, or posthumous child of the deceased who, at the time of the death of the deceased is:

• Under the age of 18;

• Over the age 18, but is a student as defined under federal law; or

• Over the age of 18, but is incapable of self-support because of physical or mental disability.

These provisions are identical to SB 282 (2017) and a provision in SS/SCS/SB 113 (2017), substantially similar to HB 426 (2017), and similar in concept to HB 33 (2015).

SCOTT SVAGERA